ARCHIVED — Vol. 146, No. 5 — February 29, 2012

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Form 2 / NOTICE OF APPEAL

Court File No.

COURT OF ONTARIO
(Superior Court of Justice)
((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether appellant
or respondent
)

—and—

(specify name of accused)

(indicate whether appellant
or respondent)

NOTICE OF APPEAL
(Code, Section 813 or 830)
(Criminal Proceedings Rules, Rule 40, Form 2)

TAKE NOTICE that (indicate the name of the accused or name of the informant, or the Attorney General of ______, on behalf of Her Majesty the Queen) appeals against the (specify: conviction, order or sentence (subparagraphs 813(a)(i), (ii)), order staying proceedings, order dismissing an information, or sentence (subparagraphs 813(b)(i), (ii)) or conviction, judgment or verdict of acquittal or other final order of determination (subsection 830(1)), made by His (or Her) Honour Judge _____________ of the Ontario Court of Justice at ___________, Ontario, on (specify date), 2____.

THE DATES UPON WHICH THE SUMMARY CONVICTION COURT HEARD EVIDENCE ARE AS FOLLOWS:

(specify all dates upon which evidence was heard)

THE GROUNDS FOR THIS APPEAL ARE:

1. That (indicate grounds for appeal, taking into consideration the statutory basis for appealgranted by the provision under which the appeal is instituted (i.e., the necessity of demonstrating error in point of law, excess of or refusal or failure to exercise jurisdiction if the appeal is brought under subsection 830(1))

2. That . . .

3. Such further and other grounds as counsel may advise and this Honourable Court may permit.

ON THE HEARING OF THIS APPEAL, THE APPELLANT WILL RELY UPON THE FOLLOWING:

1. (set out documents such as transcripts, etc. upon which the Appellant relies)

THE RELIEF SOUGHT IS:

1. An Order allowing the appeal . . .

THE APPELLANT MAY BE SERVED WITH DOCUMENTS PERTINENT TO THIS APPEAL:

1. By service in accordance with Rule 5, through (specify address and fax number)

DATED at __________________, ____________, this ____ day of ___________, 2_____.

______________________

(Signature of appellant or solicitor)
(set out name and address as well as telephone and fax numbers)

Form 2A / SUPPLEMENTARY NOTICE OF APPEAL

Court File No.

COURT OF ONTARIO
(Superior Court of Justice)
((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether appellant
or respondent)

—and—

(specify name of accused)

(indicate whether appellant
or respondent)

SUPPLEMENTARY NOTICE OF APPEAL
(Criminal Proceedings Rules, Rule 40.09, Form 2A)

TAKE NOTICE that in addition to the grounds of appeal set out in the Notice of Appeal filed on _______________, 2____, the Appellant will place reliance on the ground(s) of appeal set out below.

THE ADDITIONAL GROUNDS OF APPEAL ARE:

  1. That . . . (indicate grounds for appeal, taking into consideration the statutory basis for appeal granted by the provision under which the appeal is instituted (i.e. the necessity of demonstrating error in point of law, excess of or refusal or failure to exercise jurisdiction if the appeal is brought under subsection 830(1) of the Code)

DATED at ____________, _______________, this _______day of ___________, 2____.

___________________________________
(Signature of appellant or solicitor)
(set out name and address as well as telephone and fax numbers)

Form 2B / NOTICE OF INTENTION TO PRESENT APPEAL IN WRITING

Court File No.

COURT OF ONTARIO
(Superior Court of Justice)
((specify) Region)

BETWEEN:

HER MAJESTY THE QUEEN

(indicate whether appellant
or respondent)

—and—

(Specify name of accused)

(indicate whether appellant
or respondent)

NOTICE OF INTENTION TO PRESENT APPEAL IN WRITING
(Criminal Proceedings Rules, Rule 40.15, Form 2B)

TAKE NOTICE that the Appellant intends to present his (or her) case on appeal and argument in writing.

THE APPELLANT will file his (or her) written factum within 90 days of the time at which the appeal is perfected within the meaning of subrule 40.15(2) of the Criminal Proceedings Rules.

DATED at _________, _____________, this ______ day of ___________, 2____.

_____________________________

(signature of appellant or solicitor)
(set out name and address, as well as telephone and fax numbers)

Form 2C / COURT REPORTER’S CERTIFICATE RESPECTING EVIDENCE

COURT OF ONTARIO
(Superior Court of Justice)

BETWEEN:

HER MAJESTY THE QUEEN

and

(Specify name of accused)

COURT REPORTER’S CERTIFICATE RESPECTING EVIDENCE
(Criminal Proceedings Rules, Rule 40.08, Form 2C)

THE UNDERSIGNED, A DULY QUALIFIED COURT REPORTER, CERTIFIES that the appellant has ordered 3 copies of the transcript of:

a) ___ the arraignment and plea,

b) ___ all oral evidence adduced at his (or her) trial, save and except as indicated below,

c) ___ the reasons for judgment,

d) ___ the evidence called and submissions of counsel on the sentencing hearing and the reasons for sentence,

e) ___ the submissions and ruling in relation to the following issues that will be the basis for grounds of appeal:

a.______________________

b.______________________

c.______________________

The evidence of the following witnesses is not required for the appeal:

a.______________________

b.______________________

c.______________________

THE UNDERSIGNED ACTED AS THE COURT REPORTER IN THE SUMMARY CONVICTION COURT ON THE FOLLOWING DATE(S):

a.______________________

b.______________________

THE UNDERSIGNED ACKNOWLEDGES that:

a. pursuant to the general guidelines for the preparation of transcripts, this transcript is to be completed within 30 days of receipt of the order,

b. if the party ordering the transcript is not notified the transcript is completed within 90 days from the receipt of the order, I am required to provide written notice forthwith to all parties to the appeal and the clerk of the appeal court, indicating the reason for the delay and the date upon which the transcript will be completed, and,

c. when the transcript is complete, I am required to complete a Certificate of Completion that is to be faxed to the ordering party and the clerk of the appeal court forthwith.

DATED at _____________, ________, this __________ day of____________ , 2___.

__________________________

Signature of Court Reporter
(set out name and address as well as telephone and fax numbers)

Form 2D / COURT REPORTER’S COMPLETION CERTIFICATE

COURT OF ONTARIO
(Superior Court of Justice)

BETWEEN:

HER MAJESTY THE QUEEN

and

(Specify name of accused)

COURT REPORTER’S COMPLETION CERTIFICATE
(Criminal Proceedings Rules, Rule 40.08, Form 2D)

The appellant has been notified this date that the transcripts for proceedings heard on the following dates have been completed:

a. __________________________________________________________

b. __________________________________________________________

The transcript(s) include:

a. ___ The arraignment, plea, evidence or agreed statement and reasons for judgment and sentence (if any).

b. ___ The submissions and evidence (if any) at the sentencing hearing.

c. ___ The reasons for sentence.

d. ___ Other: (please specify) ______________________________________________

DATED at _______________, _______________, this ____ day of ____________, 2___.

___________________________________

Signature of Court Reporter